2005 Wisconsin Act 297

449.06 (title) Renewal; continuing education.

297,21 Section 21. 449.06 (1) of the statutes is amended to read:

449.06 (1) Persons practicing optometry shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), register with the department and, pay the applicable renewal fee specified under s. 440.08 (2) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).

297,22 Section 22. 449.06 (2) of the statutes is renumbered 449.065 and amended to read:

449.065 Display of registration. Every practicing optometrist shall display in a conspicuous place, at the entrance of his or her office, the name of the person so practicing therein and shall keep the certificate of registration issued by the examining board conspicuously displayed in that place of business so that it can easily be seen and read.

297,23 Section 23. 449.06 (2m) of the statutes is created to read:

449.06 (2m) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.

297,24 Section 24. 449.08 (2) (intro.) and (a) of the statutes are consolidated, renumbered 449.08 (2) and amended to read:

449.08 (2) Unprofessional advertising includes without limitation because of enumeration: (a) Advertising advertising professional superiority or the performance of professional services in a superior manner;.

297,25 Section 25. 449.08 (2) (d) of the statutes is repealed.

297,26 Section 26. 449.13 of the statutes is repealed.

297,27 Section 27. 449.15 of the statutes is repealed.

297,28 Section 28. 449.17 (1) of the statutes is created to read:

449.17 (1) Applicability. An optometrist may use topical ocular diagnostic pharmaceutical agents only if the optometrist establishes a plan specified in sub. (2) and if one of the following applies:

(a) The examining board initially issues a license to practice optometry to the optometrist on or after the effective date of this paragraph .... [revisor inserts date].

(b) The department issued a certificate to the optometrist under s. 449.17, 2003 stats.

(c) The examining board issues a certificate under sub. (1m) to an optometrist issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date].

297,29 Section 29. 449.17 (1m) of the statutes is created to read:

449.17 (1m) Licenses issued before the effective date of this subsection .... [revisor inserts date]. (a) The examining board shall certify an optometrist to use topical ocular diagnostic pharmaceutical agents if the optometrist was issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date], and the optometrist satisfies the education requirements under par. (b) and successfully completes an examination under par. (c).

297,30 Section 30. 449.17 (2) of the statutes is amended to read:

449.17 (2) Plan. Topical ocular diagnostic pharmaceutical agents may be used only by optometrists who have established a plan approved by the secretary after consultation with the examining board and the medical examining board for the referral of patients who experience adverse reactions from the application of such agents to appropriate medical services.

297,31 Section 31. 449.17 (3) of the statutes is renumbered 449.17 (1m) (c) and amended to read:

449.17 (1m) (c) Topical ocular diagnostic pharmaceutical agents may be used only by The examining board may issue certificates under par. (a) only to optometrists who successfully complete an examination approved or conducted by the examining board on the subject of general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents, including the treatment of any adverse reactions that may occur to such pharmaceutical agents. The examination shall be prepared or approved by the department in consultation with the examining board, the medical examining board and the pharmacy examining board. The department examining board shall periodically review the validity, reliability, and appropriateness of the examination. In regard to the examination, the department The examining board may do any of the following:

1. Prepare, administer, and grade the examination ;.

2. Approve in whole or in part an examination prepared, administered, and graded by the national board of examiners in optometry or by the optometry examining board; or another examination provider approved by the examining board.

3. Approve and administer an examination prepared and graded by or under the direction of the national board of examiners in optometry or another examination provider approved by the examining board.

297,32 Section 32. 449.17 (4) of the statutes is renumbered 449.17 (1m) (b) and amended to read:

449.17 (1m) (b) In addition to the requirements of sub. (3), under par. (c), the examining board may issue certificates under par. (a) only to optometrists who wish to use topical ocular diagnostic pharmaceutical agents shall successfully complete 60 classroom hours of study in general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents. At least 30 of the 60 classroom hours of study shall be in ocular pharmacology and shall emphasize the systemic effects of and reactions to pharmaceutical agents, including the treatment of any adverse reactions that may occur. The course of study shall be offered by an institution approved by the secretary examining board and accredited by a regional or professional accrediting organization which is recognized by the council on post-secondary accreditation and the U.S. office Council for Higher Education Accreditation or its successor or the federal department of education, and shall be completed prior to entering the examination required by sub. (3) under par. (c).

297,33 Section 33. 449.17 (6) of the statutes is repealed.

297,34 Section 34. 449.17 (7) of the statutes is renumbered 449.17 (1m) (d) and amended to read:

449.17 (1m) (d) No fee may be charged for a certificate issued under this section subsection. A certificate issued under this section subsection or s. 449.17, 2003 stats., remains in effect while the optometrist's license to practice optometry remains in effect unless the certificate is suspended or revoked by the department examining board.

297,35 Section 35. 449.17 (8) (title) of the statutes is created to read:

449.17 (8) (title) Reimbursement prohibited.

297,36 Section 36. 449.18 (1) of the statutes is renumbered 449.18 (1) (intro.) and amended to read:

449.18 (1) Applicability. (intro.) No optometrist may use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye unless the optometrist is certified by the examining board under this section. one of the following applies:

297,37 Section 37. 449.18 (1) (a), (b) and (c) of the statutes are created to read:

449.18 (1) (a) The examining board initially issues a license to practice optometry to the optometrist on or after the effective date of this paragraph .... [revisor inserts date].

(b) The department issued a certificate to the optometrist under s. 449.18, 2003 stats.

(c) The examining board issues a certificate under sub. (2) to an optometrist issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date].

297,38 Section 38. 449.18 (2) (title) of the statutes is created to read:

449.18 (2) (title) Licenses issued before the effective date of this subsection .... [revisor inserts date].

297,39 Section 39. 449.18 (2) (intro.) of the statutes is renumbered 449.18 (2) (a) (intro.) and amended to read:

449.18 (2) (a) (intro.) The examining board shall certify an optometrist to use therapeutic pharmaceutical agents and remove foreign bodies from an eye or from an appendage to the eye if the optometrist was issued a license to practice optometry before the effective date of this paragraph .... [revisor inserts date], and the optometrist satisfies all of the following:

297,40 Section 40. 449.18 (2) (a) of the statutes is renumbered 449.18 (2) (a) 1. and amended to read:

449.18 (2) (a) 1. The optometrist is certified under s. 449.17, 2003 stats., or s. 449.17 (1m) (a) to use topical ocular diagnostic pharmaceutical agents.

297,41 Section 41. 449.18 (2) (b) of the statutes is renumbered 449.18 (2) (a) 2. and amended to read:

449.18 (2) (a) 2. The optometrist has successfully completed 100 hours of approved study in the use of therapeutic pharmaceutical agents and the removal of superficial foreign bodies from an eye or from an appendage to the eye. The course of study shall be offered by an institution approved by the examining board and accredited by a regional or professional accrediting organization that is recognized by the council on postsecondary accreditation of Council for Higher Education Accreditation or its successor or the federal department of education.

297,42 Section 42. 449.18 (2) (c) of the statutes is renumbered 449.18 (2) (a) 3. and amended to read:

449.18 (2) (a) 3. The optometrist has passed an examination under sub. (3) conducted or approved by the examining board. The examining board shall periodically review the validity, reliability, and appropriateness of the examination that it conducts or approves under this subdivision.

297,43 Section 43. 449.18 (2) (e) of the statutes is created to read:

449.18 (2) (e) A certificate issued under par. (a) or s. 449.18, 2003 stats., remains in effect while the optometrist's license to practice optometry remains in effect unless the certificate is suspended or revoked by the examining board.

297,44 Section 44. 449.18 (3) and (4) of the statutes are repealed.

297,45 Section 45. 449.18 (4m) of the statutes is renumbered 449.18 (2) (d) and amended to read:

449.18 (2) (d) No fee may be charged for the issuance or renewal of a certificate under this section par. (a).

297,46 Section 46. 449.18 (5) of the statutes is amended to read:

449.18 (5) Removals from eyes. An optometrist who is certified under this section allowed under sub. (1) to remove a foreign body from an eye or from an appendage to an eye may not remove a foreign body from an eye or from an appendage to an eye if the foreign body is deeper than Bowman's layer of the cornea or deeper than the conjunctiva.

297,47 Section 47. 449.18 (6) (title) of the statutes is created to read:

449.18 (6) (title) Use of therapeutic pharmaceuticals.

297,48 Section 48. 449.18 (6) (intro.) of the statutes is repealed.

297,49 Section 49. 449.18 (6) (a) of the statutes is renumbered 449.18 (6) (am) 1. and amended to read:

449.18 (6) (am) 1. May not prescribe Prescribe or administer any therapeutic pharmaceutical agent that he or she is prohibited from prescribing or administering under the rules promulgated under sub. (8) par. (cm).

297,50 Section 50. 449.18 (6) (am) (intro.) of the statutes is created to read:

449.18 (6) (am) An optometrist who is allowed under sub. (1) to use therapeutic pharmaceutical agents may not do any of the following:

297,51 Section 51. 449.18 (6) (b) of the statutes is renumbered 449.18 (6) (bm), and 449.18 (6) (bm) (intro.) and 1., as renumbered, are amended to read:

449.18 (6) (bm) (intro.) Shall An optometrist who is allowed under sub. (1) to use therapeutic pharmaceutical agents shall include with each prescription order all of the following:

1. A statement that he or she is certified under this section allowed under sub. (1) to use therapeutic pharmaceutical agents.

297,52 Section 52. 449.18 (6) (c) of the statutes is renumbered 449.18 (6) (am) 2. and amended to read:

449.18 (6) (am) 2. May not dispense Dispense, as defined in s. 450.01 (7), other than by prescribing or administering. This paragraph subdivision does not prohibit the optometrist from providing a complimentary sample of a therapeutic pharmaceutical agent to a patient to whom the optometrist has rendered therapeutic care.

297,53 Section 53. 449.18 (7) of the statutes is repealed.

297,54 Section 54. 449.19 of the statutes is amended to read:

449.19 Referral to other specialists health care professionals. If, during the course of examining a person, an optometrist determines the existence of a pathological condition requiring treatment outside the scope of the practice of optometry, the optometrist shall so advise the person and shall refer the person to an appropriate medical specialist health care professional, as defined in s. 180.1901 (1m), for further evaluation.

297,55 Section 55. 961.39 (intro.) of the statutes is amended to read:

961.39 Limitations on optometrists. (intro.) An optometrist who is certified allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents:

297,56 Section 56. 961.39 (2) of the statutes is amended to read:

961.39 (2) May prescribe or administer only those controlled substances included in schedules III, IV, and V that are permitted for prescription or administration under the rules promulgated under s. 449.18 (8) (6) (cm).

297,57 Section 57. 961.39 (3) (a) of the statutes is amended to read:

961.39 (3) (a) A statement that he or she is certified allowed under s. 449.18 (1) to use therapeutic pharmaceutical agents.

297,58 Section 58. Nonstatutory provisions.

(1) Approvals transition. All approvals issued by the department of regulation and licensing under section 449.17 (2) and (4), 2003 stats., that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until modified or rescinded by the optometry examining board.

(2) Pending matters transition. Any matter pending with the department of regulation and licensing on the effective date of this subsection that relates to an approval under section 449.17 (2) or (4), 2003 stats., is transferred to the optometry examining board and all materials submitted to or actions taken by the department with respect to the pending matter are considered as having been submitted to or taken by the board.

(3) Continuing education rules.

(a) The optometry examining board shall submit in proposed form the rules required under section 449.06 (2m) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.

(b) Using the procedure under section 227.24 of the statutes, the optometry examining board may promulgate rules required under section 449.06 (2m) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the optometry examining board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

297,59 Section 59. Initial applicability.

(1) Examinations. The treatment of section 449.04 (2) (intro.) of the statutes first applies to examinations administered on the effective date of this subsection.

(2) Endorsement. The treatment of sections 449.05 (2) and 449.055 (2), (5), and (6) of the statutes first applies to applications for licenses received on the effective date of this subsection.

297,60 Section 60. Effective date.

(1) This act takes effect on the first day of the 4th month beginning after publication.